There are two main different types of law in the UK – criminal and civil. In this blog post, we will be looking at the main differences between the two and how they are dealt with under UK law. We will consider the differences in how a case is brought to court, as well as what procedures are followed once it is in court. We will also look at the different outcomes of a successful case.
Some of these differences between the two types of law are in the terminology used in the case, whereas others are the range of options available to bring the case and deal with the outcome. Being clear on the difference between the two types of law will make it much easier to approach questions in your legal studies.
What are the Key Differences?
In essence, criminal law deals with people who have breached the law. These actions affect society as a whole. However, civil law deals with disputes between individuals, where only one or a selected group of people have been affected.
How are Criminal and Civil Cases Brought to Court?
Criminal Cases
Criminal and civil cases are initiated in different ways. Criminal cases are brought by the Crown Prosecution Service (CPS) on behalf of the Crown, which is why most criminal cases you see will be in the format R v, where the “R” in the name stands for Regina (the Queen) or Rex (the King). The “R” will come first as it is the CPS who is bringing the case to court. Occasionally, action will be brought by another public body, such as the RSPCA or Royal Mail, in which case they will take the place of the “R” in the case name. Whoever brings the case is called the prosecutor.
The person, persons or body that the CPS (or other public body) is accusing of committing a crime is called the defendant (or defendants). They will receive a summons to court giving a date and time when they must appear in court. The summons should also include a covering letter explaining the mode of trial and initial prosecution case. This is to allow them to make preparations to defend their case or enter a guilty plea.
Civil Cases
Civil cases are brought by individuals, groups of individuals or organisations against other individuals, groups of individuals or organisations. The party who starts proceedings is referred to as the claimant, whereas the party they are acting against is called the defendant. Civil case names are written in the form of Claimant v Defendant. Civil law can concern divorce law, employment law, personal injury claims and breach of contract.
A person may be subject to civil as well as criminal proceedings, as criminal cases are brought by the state against someone who has broken the law, while civil proceedings are brought by individuals against someone who has committed a civil offence, such as breach of contract. The aim of a criminal case is to punish the offender, whereas the aim of civil law is to provide a remedy to the person bringing the claim.
The Civil Procedure Rules (CPR) are used by the courts to deal with all civil claims and must be followed by both the claimant and the defendant. The first step to starting civil proceedings is for the claimant to complete a Claim Form. Once the defendant has received this, they then have 14 days to reply, stating whether or not they intend to defend against the claim. The defence will then be drafted and exchanged between parties, assuming the defendant responds. Evidence must also be gathered to show the court.
There are three different levels of claims that the claimant can use. The first is the small claims track, which deals with claims valued below £10,000 (or £1,000 for personal injury claims). The procedure is simple, no lawyers are required and in general, the losing party will not be responsible for the other party’s legal costs.
The second level is the fast track, for amounts over £10,000 with no complex legal issues. Finally, there is the multi-track level of civil claims. This is reserved for the most complicated claims, involving high amounts of money and giving rise to complex legal issues that will need a lot of consideration by the court.
What Happens in Court?
Once a case has been brought to court, it will be dealt with in different ways. In criminal cases, the burden of proof is always on the prosecution, as the defendant must be assumed innocent until they are proved guilty. The case must be proved beyond reasonable doubt, which is a high level of proof.
If a criminal case succeeds, it will lead to a conviction and a punishment for the offender, usually a prison sentence, fine, or community order.
In a civil case, it is usually the claimant that must prove the defendant liable, although there are occasional exceptions to this. The level of proof required is on the balance of the probabilities, which is a much lower standard.
If a civil case succeeds, there is no conviction, but the liable party will usually have to pay compensation or follow an injunction.
Wrapping Up
I hope that this helps you with the difference between civil and criminal law. Next time, we will be considering a few more key differences, so come back in two weeks for that!
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